(a) The commission may terminate a license using alternate criteria greater than the dose criterion of §336.603 of this title (relating to Radiological Criteria for Unrestricted Use) and §336.607(2) and (4)(A)(i)(I) of this title (relating to Criteria for License Termination under Restricted Conditions), if the licensee:
  (1) provides assurance that public health and safety would continue to be protected, and that it is unlikely that the dose from all manmade sources combined, other than medical, would be more than the 1 mSv/y (100 mrem/y) limit of §§336.314-336.315 of this title (relating to Compliance with Dose Limits for Individual Members of the Public and General Requirements for Surveys and Monitoring, respectively), by submitting an analysis of possible sources of exposure;
  (2) has employed, to the extent practical, restrictions on site use according to the provisions of §336.607 of this title in minimizing exposures at the site;
  (3) reduces doses to ALARA levels, taking into consideration any detriments such as traffic accidents expected to potentially result from decontamination and waste disposal; and
  (4) has submitted a decommissioning plan to the commission indicating the licensee's intent to decommission the facility, and specifying that the licensee proposes to decommission by use of alternate criteria. The licensee shall document in the decommissioning plan how the advice of individuals and institutions in the community who may be affected by the decommissioning has been sought and addressed, as appropriate, following analysis of that advice. In seeking such advice, the licensee shall provide for:
    (A) participation by representatives of a broad cross section of community interests who may be affected by the decommissioning;
    (B) an opportunity for a comprehensive, collective discussion on the issues by the participants represented; and
    (C) a publicly available summary of the results of all discussions, including a description of the individual viewpoints of the participants on the issues and the extent of agreement and disagreement among the participants on the issues.
(b) The use of alternate criteria to terminate a license requires approval of the commission after consideration of the executive director's recommendations that will address any comments provided by the Environmental Protection Agency and any other public comments submitted under §336.611 of this title (relating to Public Notification and Public Participation).

Source Note: The provisions of this §336.609 adopted to be effective September 3, 1998, 23 TexReg 8837.